Customary law

Analysis: Mifumi (U) Ltd & Others v Attorney General Kenneth Kakuru

Mifumi was decided by the Supreme Court of Uganda. It was an appeal from the Constitutional Court where the constitutionality of “bride price” was challenged at first instance.   The custom of refunding bride price on the dissolution of a customary marriage was ruled unconstitutional. 

Mifumi was decided by the Supreme Court of Uganda.[1] It was an appeal from the Constitutional Court where the constitutionality of “bride pride” was challenged at first instance.  For our purposes we use the term lobola or lobola (the term commonly used in Southern Africa) instead of the term “bride-price” used in the proceedings, which the Supreme Court rightly found unsuitable.

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